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NickC (Florida)
Posts: 1
Posted:
I live in Florida and with all the hurricanes we have been shellacked with special assessments. It seems like every month. Is there any way to change the rules so that special assessments have to be voted on by the members. Right now our board is totally out of control. Thank you, Nick
HaroldS (Arizona)
Posts: 906
Posted:
Nick - does your CC&Rs give the board this power? Usually it requires a vote of the members with a specified percentage approval in order to enact a special assessment. Study your CC&Rs. Harold
RogerB (Colorado)
Posts: 5,067
Posted:
Nick, usually special assessments are specified in the CC&Rs. Read your's; following is mine.

6. Special Assessments. In addition to the annual Common Expense assessments authorized in this Article, the Association, with the approval of two-thirds (2/3) of a quorum of Association votes cast by Members voting in person or by proxy at a meeting duly called for this purpose, may levy, in any fiscal year, a special assessment applicable to that year only, for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement upon any portion of real property for which the Association has repair and/or reconstruction obligations, including fixtures and personal property related thereto, or for repair or reconstruction of any damaged or destroyed Improvements located on said real property, or for the funding of any operating deficit incurred by the Association. Any such special assessment shall be set against each Unit in accordance with the Allocated Interests set forth in this Declaration. A meeting of the Members called for the purpose of considering the establishment of a special assessment shall be held in conformance with Section 7 of this Article IV.
hoatalk (California)
Posts: 603
Posted:
You may first want to find out what each assessment is for. If the Board is trying to repair damage from the storms, pay for increased insurance coverage, etc. then they may all be resonable and necessary. It does sound like more planning and communication is needed though.

Remember that the HOA is just a non-profit organization that must pay its expenses and its only source of revenue is the members. If expenses increase, then the member's fees increase and if extra expenses must be paid now then it must either come from a reserve fund (under certain rules), a special assessemnt, or a loan.

You might want to send your board here for some advice on how to deal with the situation they find themselves in. Remember that if the board are all owners then they each get to pay the special assessment too, along with you. I doubt they are happy about it either.

Best Regards,
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hoatalk (California)
Posts: 603
Posted:
Posted By RogerB on 10/08/2006 5:15 PM
6. Special Assessments. In addition to the annual Common Expense assessments authorized in this Article, the Association, with the approval of two-thirds (2/3) of a quorum of Association votes...


Roger, What happens if the members vote not to have the assessment or quorum can't be reached? What if the expense is immediate and necessary like a tripled insurance premium in Florida? Just curious what a board would do then? Thanks.


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BrianB (California)
Posts: 2,820
Posted:
Not a lawyer, so just my opinion:

If an association votes to not pay for insurance (ie, not raise assessments to pay new increase), then the association loses insurance coverage. That may affect people's mortages (i am use lenders won't like it) and may impact other things, but hey, it's America, it's a free country, you have a choice.

But you must pay for that choice. So you lose your mortgage, your own insurance cancels, you don't get reimbursed for the next weather event, and when someone trips on your shoddy sidewalk, they sue all the association, and everyone loses their homes. But, it was the choice of the owners to take that risk.

RogerB (Colorado)
Posts: 5,067
Posted:
Posted By hoatalk on 10/08/2006 5:20 PM
Roger, What happens if the members vote not to have the assessment or quorum can't be reached? What if the expense is immediate and necessary like a tripled insurance premium in Florida? Just curious what a board would do then? Thanks.

Our association has sufficient reserve funds and would never need a special assessment. For those HOAs that would require a special assessment they need enough reserve funds to bridge until another special meeting is called to pass the special assessment. In the notice of that special meeting they better make sure the owners thoroughly understand what happens if the special assessment is not passed.

"Grease the skids", make it as easy as possible for them to make payments on the special assessment. The Board may have the authority to borrow funds; and may find funding source after approval of the special assessment.

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